Dismissed

M.G.Ramachandran Nair v. the State of Kerala

Kerala HC4 Jul 2017WP(C)/1880/2017

Case brief

AI extract

What is this about?

The Court disposed of this identical writ petition in tune with W.P.(C). No. 2552/2015. No Objection Certificate for the property shall be considered by the competent authority after survey, provided the property is not within the notified area.

What did the court decide?

The writ petition is disposed of in tune with W.P.(C). No.2552/2015; No Objection Certificate to be considered post-survey if property is outside notified area.

M.G.Ramachandran Nair Vs the State of Kerala — Land Acquisition | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 4TH DAY OF JULY 2017/13TH ASHADHA, 1939

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WP(C).No. 1880 of 2017 (H)

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PETITIONER(S):

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1. M.G.RAMACHANDRAN NAIR, AGED 52 YEARS, S/O. LATE GOVINDAPILLAI, HOUSE NO.29, LEKSHMI, PONNARA SREEDHAR NAGAR, NEDUMANGAD P.O., THIRUVANANTHAPURAM.

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2. K.RADHAKRISHNA PILLAI, DEVIKA, TC 9/2066, SASTHAMANGALAM, THIRUVANANTHAPURAM, PRESENTLY RESIDING AT RIVER VIEW, HOUSE NO. 392, 10/67,

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PONMUDI P.O., THIRUVANANTHAPURAM - 695 551.

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3. LALITHAKUMARI AMMA, JYOTHIRNILAYAM, KARIMPINPUZHA P.O., KOTTARAKKARA.

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BY ADVS.SRI.R.SANJITH

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SMT.C.S.SINDHU KRISHNAH

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RESPONDENT(S):

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1.THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2.DIVISIONAL FOREST OFFICER, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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3.CUSTODIAN (ECOLOGICALLY FRAGILE LAND) AND CHIEF CONSERVATOR OF FOREST (DEVELOPMENT), FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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WP(C).No. 1880 of 2017 (H)

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4.TAHSILDAR, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.

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5.VILLAGE OFFICER, THENOOR VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM - 695 541.

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BY SPECIAL GOVERNMENT PLEADER SRI.SANDESH RAJA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 1880 of 2017 (H)

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APPENDIX

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PETIT -----	IONER(S)' EXHIBITS ------------------
P1	TRUE COPY OF ORDER DATED 25.11.2015 BEARING NO. EFL-10/148/2011.
P2	TRUE COPY OF THE JUDGMENT IN WPC 39430/15 DTED 23.12.2015.
P3	TRUE COPY OF THE NOTIFICATION BEARING NO. EFL10- 2455/2010 DATED 07.8.2010 ISSUED BY THE 3RD RESPONDENT.
P4	TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.
P5	TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT.
P6	TRUE COPY OF THE INTIMATION DATED 12.2.2011.
P7	TRUE COPY OF THE REPLY BEARING NO. TA 3384/11 DATED 20.7.2011.
P8	TRUE COPY OF THE REPRESENTATION.
P9	TRUE COPY OF THE COMMUNICATION DATED 11.1.2011 OF THE 5TH RESPONDENT.
P10	TRUE COPY OF MEMORANDUM OF REVIEW PETITION 960/16 ALONG WITH THE PETITION TO CONDONE DELAY.
P11	TRUE COPY OF THE COUNTER AFFIDAVIT.
P12	TRUE COPY OF THE COMMON INTERIM ORDER DATED 15.11.2016 IN RP NO. 960/16 AND COC NO. 1904/16.
P13	TRUE COPY OF THE REPLY UNDER RIGHT TO INFORMATION ACT DATED 03.12.2016.
P14	TRUE COPY OF THE ORDER BEARING NO. S-5362 DATED 12.12.11.
P15	TRUE COPY OF COMMUNICATION ISSUED BY THE 4TH RESPODNENT TO THE 5TH RESPONDENT BEARING NO. F4-21349/11.
P16	TRUE COPY OF THE BUILDING TAX RECEIPTS ISSUED BY THE PERINGAMALA PANCHAYATH.
P17	TRUE COPY OF PERMITS ISSUED BY RUBBER BOARD IN THE NAME OF PETITIONERS.

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WP(C).No. 1880 of 2017 (H)

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P18 TRUE COPY OF PURCHASE BILLS EVIDENCING SALE OF RUBBER SHEETS.

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P19 TRUE COPY OF THE CERTIFICATE DATED 22.1.2011 BEARING NO.35/11.

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P20 TRUE COPY OF THE JUDGMENT IN COC 1904/16 AND P21 TRUE COPY OF JUDGMENT IN RP NO. 960/16 DATED 28.11.2016. P22 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 22.1.2014 IN WPC NO. 2022/14.

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P23 TRUE COPY OF THE LETTER DATED 17.4.2014. P24 TRUE COPY OF THE MAHAZER PREPARED BY THE FOREST OFFICIALS.

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P25 TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE 2ND PETITIONER.

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P26 TRUE COPY OF THE LETTER ISSUED BY THE CANNARA BANK RESPONDENT(S)' EXHIBITS NIL -----------------------

/TRUE COPY/

P.S.TO JUDGE

K.V.

P.B.SURESH KUMAR, J.

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--------------------------------------------

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W.P.(C).No.1880 of 2017

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--------------------------------------------------------------Dated this the 4^th day of July, 2017

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J U D G M E N T

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An identical case has been disposed of by this

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Court, as per the judgment in W.P.(C).No.2552/2015. In the circumstances, this writ petition is also disposed of in tune with the judgment of this Court in W.P.(C). No.2552/2015. Needless to say that after completion of the survey, the claim of the petitioners for No Objection Certificate in respect of the property referred to in the writ petition shall be considered by the competent authority, if the same is not found to be within the area notified as per Ext.P3.

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Sd/- P.B.SURESH KUMAR JUDGE

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rsr

M.G.Ramachandran Nair v. the State of Kerala

Case brief

What is this about?

What did the court decide?

M.G.Ramachandran Nair v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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